LawyerIT: IT Law

1. Art. 13 Abs. 1 Directive 2002/58 / EC of the European Parliament and of the Council of 12. July 2002 on the processing of personal data and the protection of privacy in electronic communication (Privacy policy for electronic communications) in the by Directive 2009/136 / EC of the European Parliament and of the Council of 25. November 2009 the amended version is to be interpreted accordingly, that the display of advertising messages in the inbox of a user of an e-mail service in a form, which is similar to that of an actual email, and in the same place as such an email, a "use of ... electronic mail for the purposes of direct mail" within the meaning of this provision, without determining the recipient of these messages ...

decisions, applied to the evaluation of a by Article. 5 Abs. 1 Set 1 socialize as harmful to minors adverse legal consequences GG protected expression, must take into account the value-setting significance of the fundamental right of freedom of expression. These principles are also to be observed, if not the expression itself is the subject of proceedings, but their evaluation is in turn the basis for a more onerous state measure. As far as making a classification of utterances as "harmful to minors" the basis for the finable requirement to appoint a youth protection officer, must also be considered as part of the proportionality test, the importance of having such a requirement for the possibility of freedom of expression of those affected. This has the 2nd Chamber of the First Senate of the Federal Constitutional Court today ...

Art. 3 Abs. 1 Directive 2001/29 / EC of the European Parliament and of the Council of 22. More 2001 the harmonization of certain aspects of copyright and related rights in the information society must be interpreted, that to answer the question, whether the setting of hyperlinks to a website to works, which are freely accessible on another website without permission of the copyright holder, constitutes a 'public' within the meaning of that provision, is to be determined, whether the links non-profit by someone, did not know the unlawful publication of works on the other site, or could not reasonably know, were provided or if the links were rather provided for profit, being in ..,de.